Adelaide Brighton Cement Ltd

[2015] FWCA 4646

[2015] FWCA 4646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adelaide Brighton Cement Ltd
(AG2015/3049)

ADELAIDE BRIGHTON CEMENT KLEIN POINT MINE ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 9 JULY 2015

Application for approval of the Adelaide Brighton Cement Klein Point Mine Enterprise Agreement 2015.

[1] An application for approval of an enterprise agreement known as the Adelaide Brighton Cement Klein Point Mine Enterprise Agreement 2015 (the Agreement) has been made by Adelaide Brighton Cement Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] Clause 35 of the Agreement dealing with the introduction of change does not meet the statutory requirements for consultation with employees in relation to changes to regular rosters or ordinary hours of work. 1 Accordingly, the model Consultation Term will be taken to be a term of the Agreement.2 The Agreement does not contain a flexibility term and the model Flexibility Term will apply.3 The model terms are attached to the Agreement as Schedule A and Schedule B.

[3] The employer has provided undertakings in response to concerns raised that certain annual leave provisions in the Agreement do not comply with the National Employment Standards and that the rates of pay that can be negotiated under the Flexible Remuneration provision in Clause 40 of the Agreement could potentially fall below the relevant modern award rates of pay. The undertakings provided by the employer meet the identified concerns and otherwise meet the requirements of s.190 of the Act. The undertakings are attached to this decision and are taken to be terms of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 16 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

 1   Section 205(1)(a)(ii) of the Act

 2   Section 203(2)(a) of the Act

 3   Section 202(4) of the Act

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